1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Summary of the plaintiff's assertion

A. The Plaintiffs are the members of the reconstruction housing association E (hereinafter referred to as the “rebuilding association”), and the Defendant is the contractor who entered into a contract for construction works of the reconstruction apartment with the non-party association.

B. On November 20, 2014, the non-party union held a general meeting of dissolution to make a resolution of dissolution and is insolvent at the present stage of liquidation. The non-party union has a contractual amount of KRW 32,228,498,743 as follows with respect to the defendant, or a claim for return of unjust enrichment. The plaintiffs have the right to claim the distribution of the remaining property of KRW 22,206,708 against the non-party union as its members. Thus, the above plaintiffs exercise the above claim by subrogation against the defendant of the non-party union with the right to claim compensation.

① On September 2001, the Defendant agreed to bear KRW 3,747,972,200, as a result of a decrease in sales revenue according to the approval for the revision of the business plan, on September 2001, the Plaintiff agreed to bear KRW 3,747,972,20, which the partnership should additionally disburse.

② Around February 4, 2005, the Defendant paid KRW 4.4 billion to the partnership without any ground, out of KRW 9,714,787,832, which was arbitrarily calculated on the ground that the amount of profit derived from the partnership’s management and disposition plan has decreased on or around February 4, 2005, and thus, the Defendant paid KRW 4.4 billion to the partnership shall be returned to the non-party partnership.

③ If a person who did not consent to the ownership of the land reaches the ownership of the association members in accordance with the original management and disposal plan which is equivalent to the amount of 3,219,626,543 won, the amount of the right is deducted from the sale price of the association members and the remainder is paid to the defendant only for the sale price. Since the ownership of the land of the person who did not consent to the sale is a general sale price, the whole amount of the right of the person who did not consent to the sale is deposited to the defendant as the sales revenue, the defendant made unjust enrichment of the above amount of the right.

4. The non-party association shall purchase shares owned by the non-party association in the amount equivalent to interest on the purchase cost of the non-party shares.